PREPARATIONS FOR SATELLITE TELEVISION SYSTEM LAWSUITS MOVE FORWARD

In what has been a continuous and well-documented issue (see IDOC'S NEW SATELLITE TV CONTRACT IS A BUST - parts 1-3 on this site), the satellite television contract between the Idaho Department of Correction (IDOC) and A+ Satellite located in Meridian, ID to provide satellite TV services to prisoners housed in the South Boise Complex (SBC) may soon head to court for litigation.

According to an attorney consulted on the matter, prisoners have up to three (3) separate means to have the contract reviewed, interpreted and/or enforced by the courts. The first of the possibilities is to file an action against the IDOC and/or the Idaho Department of Administration (Division of Purchasing) through a Petition for Writ of Mandate (aka, Mandamus), asking the courts to Order the state agency to require A+ to conform the satellite TV system to the contractual requirements.

The second option would be for the prisoners themselves to sue A+ Satellite Services to enforce the conditions of the contract. Normally, this wouldn't be a viable option in that there is no single prisoner who is an actual party to the contract between the IDOC and A+ (and would therefore not have legal standing to sue) but because the contract was made for the exclusive benefit of the prisoners, any (or all) prisoners housed in the SBC would have the right to sue. According to counsel, this right is codified in Idaho Code § 29-102 (Third Party Beneficiary) and Idaho Code § 28-2-318 (Implied/Explicit Warranty).

In either case, it's quite likely that A+ will attempt to justify their position (defense) by claiming they are in fact complying with the [minimum] contract requirements, and it will then be necessary for the courts to review the contract, consider the content of programming actually provided to the prisoners, and only then make the determination whether or not A+ has complied with the minimum requirements as set forth in the contract.

In preparation for this, several prisoners (via family, friends and other outside contacts) have already begun collecting documentation and affidavits from individuals and corporate sources in the [satellite television] industry. Further, former and current clients/customers and employees/contractors of A+ Satellite are likely to be contacted so as to determine past vernaculars and terminologies used by A+ when purchasing, installing or contracting satellite television packages - especially the term "Core" as it relates to satellite content/programming packages. Interrogatories, depositions, requests for admissions and demands for production of documents are also planned upon the filing of civil litigation and process.

The third of the three options would be binding arbitration of the matter, though it does not appear to be a viable path towards rectification of the problem. Counsel did speculate that a court could order arbitration of the matter in lieu of issuing a declaratory judgment, but with proper documentation filed as exhibits and/or attachments to filings (obtained via the civil discovery process) along with expert testimony in an evidentiary hearing, it is expected that most judges would feel comfortable in making such a decision on the question of contractual compliance (or lack thereof).

When faced with the uncertainty of rulings as to liabilities and contractual obligations, legal fees which will certainly run into the hundreds of thousands of dollars (including the costs of holding the State harmless per contractual obligations), findings by the court of unjust enrichment, direct and collateral damages as well as other issues, it seems it would have been much easier (and certainly cheaper) to have provided the programming that was expected in the first place.

The determination of which path to follow has yet to be decided, but one thing is clear... this matter will not go away without significant change in the system and full compliance with the contract.

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Information on this matter has been compiled from various sources. Watch this space for updates and information sourced from disclosed documents, filings or court orders.